Preparing and sitting down for a personal injury deposition can feel like trying to navigate a minefield. Knowing the most common pitfalls at a personal injury deposition and how to steer clear of them is the secret to being at your absolute best. Here are 10 quick tips on what not to do for your personal injury deposition.

1. Failing to Prepare Adequately

One of the biggest mistakes you can make is to head into your personal injury deposition unprepared. This isn’t just about understanding the facts of your case; it’s also about mentally preparing for the types of questions that might catch you off-guard. Make sure to spend enough time with your attorney to go over both the strengths and potential weak spots in your case. It’s easy to feel “caught off guard” at the deposition, but taking the time to prepare beforehand can lessen those instances tremendously.

2. Don’t Be Over-Eager to Talk

A personal injury deposition is not the time for casual conversation. One common area where many Plaintiffs flounder is volunteering information that wasn’t asked for. Stick to answering only the question asked. If a question can be answered with a simple “yes” or “no,” do just that. Once you’ve given your answer, stop talking. Filling awkward silences might cause you to reveal more than necessary, which in turn will open up new lines of questioning that could harm your case.

3. Not Clarifying Questions When You Need to

Questions in a deposition can sometimes be intentionally confusing, vague, or compound. If you don't fully understand a question, don’t hesitate to ask for clarification. Answering a misunderstood question could lead to statements that might not accurately reflect the truth, causing inconsistencies in your testimony. Always ensure you fully comprehend each question before you begin to provide your answer.

4. Never Guess or Speculate the Answer

Never guess the answer to a question. If you’re not sure about the answer to a question, it’s best to say you don’t know, or you don’t remember. Trying to “guesstimate” or fill in gaps with what you think might be the right answer could be devastating to your case. Guessing can not only undermine your credibility but can also provide the defense attorney with ammunition to question you at trial.

5. Don’t Contradict Your Prior Statements

Consistency is crucial in your case, especially during depositions. Contradicting yourself can harm your credibility. If your deposition answers differ significantly from previous statements, it may give the other attorney grounds to accuse you of lying or intentionally trying to mislead. Review any past statements or documents with your attorney so you’re consistent.

6. Using Absolute Statements

Another thing to avoid is making absolute statements like “always” or “never.” Oddly enough, these types of statements can easily be disproven. If they are, the opposing attorney might use them to show inconsistency or deception. Instead, try using more mild language. For instance, something like, “To the best of my memory…” or “That’s all I recall right now.” This leaves room for honest error without compromising your credibility.

7. Being Aggressive Towards the Attorney

It’s easy to think of a deposition as a showdown or that they’re out to get you. However, being argumentative or aggressive with the opposing attorney can do more harm than good. Keep your composure at all times and be polite and professional. There may be times you feel like they’re out to get you—ignore it.

8. Not Paying Attention to Verbal Cues

Depositions are more than just words. Pay attention to your nonverbal language, such as your posture, expressions, and tone. Sitting up straight, maintaining calm, and appearing collected can leave a favorable impression. On the contrary, fidgeting or appearing nervous could be perceived as a lack of confidence or honesty.

9. Don’t Disregard Questions that Seem Irrelevant

Be prepared for questions that seem irrelevant or intrusive. These types of questions could cover certain aspects of your life that are actually important to your case. Thinking they’re irrelevant could cause you to gloss over an accurate answer and hurt the presentation of your case.

10. Bringing Unnecessary Documents or Aids

It’s almost never a good idea to bring notes, diaries, or any documents to your deposition unless your attorney specifically requests you to do so. Never think about doing so without first running it past your attorney privately before the deposition begins. If you use them during your deposition, you may waive any privilege that would otherwise protect you from having to turn over those documents to the other side for review.

Conclusion

A personal injury deposition can seem intimidating, but keeping a few key points in mind throughout will allow you to navigate it with ease. Our attorneys at Horn Wright, LLP, are ready to guide you through the entirety of a personal injury case to get you the justice you deserve. Call today.